49-891. Coal combustion residuals program; rules; incorporation by reference
A. The director may adopt rules to establish and operate a coal combustion residuals program equivalent to or at least as protective as the federal coal combustion residuals program under 40 Code of Federal Regulations part 257, subpart D for the purpose of obtaining approval to operate the federal CCR program. Federal coal combustion residuals regulations may be adopted by reference. Rules adopted pursuant to this subsection shall not be more or less stringent than or conflict with 40 Code of Federal regulations part 257, subpart D for nonprocedural standards, except that the department may adopt aquifer protection standards that are more stringent than 40 Code of Federal regulations part 257, subpart D if these standards are developed pursuant to chapter 2, article 3 of this title.
B. Rules adopted pursuant to subsection A of this section shall not be more or less stringent than or conflict with 40 Code of Federal Regulations part 257, subpart D for nonprocedural standards, except that the department shall adopt those portions of the dam safety standards developed pursuant to title 45, chapter 6, article 1 and are in existence for CCR surface impoundments on September 24, 2022 that are more stringent than 40 Code of Federal Regulations part 257, subpart D.
C. The rules authorized by subsection A of this section shall provide requirements for issuing, denying, suspending or modifying individual CCR permits, including:
1. Requirements for submitting notices, permit applications and any additional information necessary to determine whether a permit should be issued.
2. Recordkeeping, reporting and compliance schedule requirements in the permit.
3. A permit life of ten years, after which the permit shall be renewed.
4. Adequate opportunities for public participation during CCR permit processing.
5. Other terms and conditions as the director deems necessary to ensure compliance with this article.
D. The rules for CCR permits shall include:
1. Permit processing fees from the applicant to cover the cost of administrative services and other expenses associated with evaluating the application and issuing or denying the permit, beginning when an application is submitted.
2. Annual fees for the program approved by the United States environmental protection agency beginning after CCR program approval.
E. The fees authorized by this section shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.
F. Within one hundred eighty days after the effective date of design and operation rules adopted by the director for coal combustion residuals facilities pursuant to this section, facilities with CCR units may submit to the department a permit application covering each CCR unit at the facility. Facilities with CCR units shall submit to the department a permit application covering each CCR unit at the facility within one hundred eighty days of CCR program approval.